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Manohar challenges SAC notice

Kashmir Times. Dated: 6/1/2012 4:51:55 PM

JAMMU, May 31 (JNF): Minister for Cooperatives Dr Manohar Lal Sharma today challenged notice of State Accountability Commission (SAC) whereby he was summoned to appear before the commission on June 4, 2012 in connection with alleged complaint of bunglings and embezzlements worth crores of rupees in Jammu & Kashmir Cooperative Housing Corporation (JKCHC).
Minister for Cooperatives Dr Manohar Lal Sharma filed a petition in the State High Court challenging order dated May 11, 2012 passed by SAC whereby he was summoned to appear before the commission on June 4, 2012. In the petition, minister sought that SAC be directed not to proceed with the regular enquiry initiated in complaint number K-10 of 2011 titled Farooq Ahmed Dar & another Versus Dr Manohar Lal Sharma and Others.
In the petition filed through Advocate SK Shukla, the petitioner a sitting minister and Incharge Cooperative department alleged that false, frivolous and totally vague and general allegations have been leveled againt him roping the petitioner in all acts of omissions if any committed by the Cooperative Societies in the State of Jammu & Kashmir. SAC has relied upon enquiry report of the Registrar Cooperatives with regard to allegations of irregularities committed by J&K Cooperative Housing Corporation, which enquiry was ordered by none other than the petitioner. The Commission without considering the detailed comments took a hasty decision to proceed with the regular enquiry and accordingly issued impugned notice to the petitioner to appear before the SAC. There is another allegation leveled against the petitioner that he has not acted against the Housing Corporation and he has got some plot allotted in his favour.
Though the allegations are very vague and general yet the petitioner submitted that he does not have any plot allotted to him by the J&K Cooperative Housing Corporation or any other Cooperatives of the state. Another ground highlighted by the petitioner is that the cognizance was taken by the SAC on an anonymous complaint as the complaint was not accompanied with any affidavit and the SAC should not have entertained the same.
It is worth mention here that a complaint has been filed by Farooq Ahmed Dar of Kashmir and Sunil Sharma of Jammu against Dr Manohar Lal Sharma Minister for Cooperative J&K, Abdul Hamid Wani Commissioner-Secretary Cooperative department and Mohammad Abbas Registrar Cooperatives J&K. In the complaint it has been alleged that an enquiry was got conducted by the Minister Coopertaive department in respect of J&K Cooperative Housing Corporation which revealed that bunglings worth Rs 5000 crores has been committed by the former Managing Director and Present Managing Director of the Corporation Brij Mohan Sharma and Bharat Bushan Sharma. It was further alleged that these two Managing Directors along with Mohammad Shafi Dar Assistant Registrar Cooperative department have misappropriated crores of rupees, but no action was taken against them by the minister concerned due to the fact that Dr Manohar Lal Sharma himself got bribe and a plot from the Managing Director of the Corporation.
It was also alleged that Mohammad Shafi Dar who was under suspension for the last five years due to his involvement in bunglings worth crores of rupees was re-instated by the Registrar Coopertaive department at the behest of said minister. The complainant further alleged that in Jammu Central Cooperative Bank Limited there is misappropriation of Rs 259 crores which has been looted by the Minister Cooperative department, Commissioner-Secretary and Registrar Cooperative department. It was also stated that about 600 illegal backdoor appointments have been made in the banks at the behest of ministers. All these ministers and officers have earned money from these backdoor appointments.
SAC comprising Justice YP Nargotra (retired) Chairperson and Justice Hakim Imtiyaz Hussain (retired) member observed that a case stands already registered in the matter regarding some of the allegations contained in the complaint with the Vigilance Organization. Prima-facie it appears that gross irregularities have been committed by the officers of the corporation and the Minister for Cooperative department has failed to exercise and effective control over the functioning of the corporation. On consideration of the matter, SAC find a prima-facie case is made out for regular enquiry and accordingly to hold a regular enquiry against Dr Manohar Lal Sharma Minister Cooperative department and officers named in the complaint on the allegations mentioned in the complaint and order Registry to register complaint as regular complaint. SAC issued notice to the respondents for their appearance in person and through Advocate and reply within three weeks. SAC also asked the Vigilance Organization to inform the commission about the present status of the case registered in the matter.
It is worthwhile to mention here in that before the filing of the instant petition, order of SAC dated May 11, 2012 was also challenged by Mohinder Singh Chairman Jammu Central Cooperative Bank and Arun Bakshi Former Managing Director JCC Bank and presently OSD to the Chairman. The said petition came to be listed before the High Court and no orders were passed.
In the petition filed by Dr Manohar Lal Sharma, he has sought the quashment of the order dated May 11, 2012 whereby SAC initiated regular enquiry against the Minister for Cooperatives & Others.